5.  The applicant was born in 1987 and lives in Chisinau.
6.  The applicant and O.P. were in a relationship for over one year. They did not live together but often used to spend the night over each other’s house. Towards the end of their relationship they started to have disputes because O.P. became very jealous. According to the applicant he also became violent.
7.  On the evening of 10 May 2010 O.P. became upset with the applicant because she was not at home for several hours and did not answer his telephone calls. He waited for her in front of her home and when she arrived he assaulted her and forced into his car. The applicant’s attempts to escape were countered by O.P.’s violent behaviour and threats with violence and death. According to the applicant, he punched her, pulled her hair and threatened her every time she wanted to leave the car. O.P. denied the applicant’s allegations concerning the acts of violence and only admitted having slapped her face several times before entering the car. He submitted that she did not object to their going to his home.
8.  At midnight the applicant and O.P. arrived at the latter’s house in a village near Chişinău. According to the applicant, O.P. locked her inside the house and left her alone for approximately forty-five minutes. The applicant attempted to escape but was not able to and there was no telephone in the house. She also submitted that she did not have money and that her clothes were torn and dirty with blood. After O.P.’s return he ordered the applicant to undress and to lie with him on the bed. As a result of the applicant’s refusal they clashed but O.P. broke her resistance by violently assaulting and threatening her after which he raped her. In the morning, when the applicant attempted to leave O.P.’s house, a new dispute broke out between them. After assaulting her, O.P. forcefully sodomised her against her will and only after that he called a taxi for her.
9.  On 11 May 2010 the applicant lodged a criminal complaint against O.P. and underwent a forensic medical investigation. A medical report issued on the same date found multiple bruises on the applicant’s face, lips, neck and thorax. Some of the bruises were as large as 5x4 centimetres. Traces of semen were found only in her vagina.
10.  On 14 May 2010 O.P. underwent a forensic medical investigation as a result of an order issued by a prosecutor. A medical report found scratches produced by nails on his neck. The medical report recorded that O.P. had not denied having had sexual intercourse with the applicant; however, he had insisted that both partners had consented. The report concluded that the injuries on his body resembled those frequently inflicted by rape victims.
11.  In his statements to the prosecutor, O.P. denied having had sexual intercourse with the applicant both on the evening of 10 May and in the morning of 11 May 2010. He also denied having forced the applicant into his car and having taken her by force to his house and claimed that she had consented to come with him. He admitted having slapped her face twice on the evening of 10 May 2010 as a result of which she had riposted by scratching his neck. O.P. could not explain the presence of bruises outside her face, the presence of traces of semen in her vagina and the conclusion of the forensic doctors that the injuries on his body appeared to be inflicted by a rape victim. He only submitted that he disagreed with the conclusions of the medical report which reached the above conclusion.
12.  On 6 August 2010 the Chisinau Prosecutor’s Office refused to initiate criminal proceedings. When describing the facts of the case in his decision, the prosecutor relied solely on O.P.’s version of the facts according to which the applicant used to date and to engage in sexual activity with him for one year before the events. On the evening of 10 May 2010 O.P. came to her house but did not find her at home. He waited for the applicant and when she returned, they engaged in an argument and he hit her while she scratched his neck. After that, both calmed down and went to O.P.’s home where they spent the night. In spite of O.P.’s statements to the effect that he and the applicant had not had sex on that night, the prosecutor recorded in his decision that according to O.P., he and the applicant had had consensual sexual intercourse that night. The prosecutor mentioned the findings of the forensic doctors to the effect that the scratches on O.P.’s neck resembled injuries provoked by a rape victim. Nevertheless, he dismissed the applicant’s version of the events on the ground that she used to date O.P. and have sex with him and because she could have resisted had she really wanted to. The prosecutor also concluded that the applicant consented to go to O.P.’s house and, the latter’s parents who lived with him, would have heard had she really resisted.
13.  On 6 August 2010 the Chisinau Prosecutor’s Office initiated administrative proceedings against O.P. for the offence of assaulting the applicant.
14.  The applicant appealed against the prosecutor’s decision not to initiate criminal proceedings against O.P. She argued, inter alia, that her neighbours had witnessed how O.P. assaulted and forced her into his car on the evening of 10 May 2010. Her unsuccessful attempt to run away from him had also been witnessed by employees of a petrol station where O.P. had stopped the car. She also argued that she had lost consciousness for a while as a result of one of the blows to her head and that the next day she went to a hospital where she was diagnosed with concussion. She argued that the prosecutor had failed to check that information with the hospital, despite her asking him to.
15.  The appeal was dismissed on 9 December 2010 by a superior prosecutor from the Chisinau Prosecutor’s Office without any further investigation into the circumstances of the case. The applicant appealed to an investigation judge.
16.  On 7 February 2011 an investigation judge from the Rascani District Court upheld the applicant’s appeal and ordered a fresh examination of the case. He found that the investigation had been superficial and incomplete and no witnesses had been heard. The judge also quashed the prosecutor’s decision of 6 August 2010 to initiate administrative proceedings against O.P. for assaulting the applicant (see paragraph 13 above).
17.  In the reopened investigation, the Prosecutor’s Office ordered and obtained two new forensic medical reports. According to one of them, the injuries on O.P.’s neck could have been produced either as a result of a rape or as a result of a fight. Another report concluded that the injuries on the applicant’s body could have been produced by an assault committed by O.P. and that they were not characteristic of rape. As to the traces of semen in her vagina, the report concluded that it was not possible to determine whether they dated from 11 May 2010 or from previous intercourse.
In his new statements, O.P. submitted that he had had unprotected sex with the applicant between 7 and 9 May 2010 but not on 10 or 11 May 2010. He also admitted having slapped her face several times on the evening of 10 May 2010.
A witness who was O.P.’s friend stated that he had seen O.P. and the applicant on the evening of 10 May 2010 at approximately 10 p.m. O.P. came out of the car and talked to him for several minutes while the applicant waited calmly in the car. O.P.’s parents were heard and they stated that they lived in the vicinity of their son. In particular, their house was several metres away from his house. They knew that their son was dating the applicant and had seen her on several occasions; however, they had not seen her on 10 or 11 May 2010 and did not hear any noise from their son’s house.
18.  On 18 April 2011 a prosecutor from the Chisinau Prosecutor’s Office dismissed again the applicant’s complaint concerning rape. He concluded that even if O.P. and the applicant had had sex on 10 or 11 May 2010, it must have been consensual since no injuries characteristic of rape had been discovered on her body. Moreover, the applicant willingly came to O.P.’s house and did not leave when presented with an opportunity. She also could have resisted rape had she wanted to. The prosecutor considered that O.P. had committed a minor offence when assaulting the applicant; however, he could not be held responsible for it because it was time barred. Moreover, O.P.’s violent reaction had been provoked by the applicant’s immoral behaviour as she had gone for a walk with another person, had not replied to O.P.’s telephone calls and had come back late letting him wait for a long time.
19.  The applicant’s appeals were rejected on 22 August 2011 by a hierarchically superior prosecutor and on 23 November 2011 by an investigation judge from the Rascani District Court.